ELECTION P R O TE ST

THE 2015 RULES OF THE

E S EL EC TORA L TRI BU NAL
HOUSE OF REPRESENTATIV
RULE 17
• RULE 17. ELECTION PROTEST. – A VERIFIED ELECTION PROTEST CONTESTING
THE ELECTION OR RETURNS OF ANY MEMBER OF THE HOUSE OF
REPRESENTATIVES SHALL BE FILED BY ANY CANDIDATE WHO HAS DULY FILED
A CERTIFICATE OF CANDIDACY AND HAS BEEN VOTED FOR THE SAME OFFICE,
WITHIN FIFTEEN (15) DAYS FROM JUNE 30 OF THE ELECTION YEAR, IF THE
WINNING CANDIDATE WAS PROCLAIMED ON OR BEFORE THE SAID DATE.
HOWEVER, IF THE WINNING CANDIDATE WAS PROCLAIMED AFTER JUNE 30 OF
THE ELECTION YEAR, A VERIFIED ELECTION PROTEST SHALL BE FILED WITHIN
FIFTEEN (15) DAYS FROM THE DATE OF PROCLAMATION. (AS AMENDED PER
HRET RESOLUTION NO. 16, SERIES OF 2018 APPROVED ON SEPTEMBER 20,
2018)

This Photo by Unknown Author is licensed under CC BY-NC-ND

WHO CAN FILE?

• IT CAN ONLY BE FILED BY THE CANDIDATES WHO OBTAINED THE SECOND OR

THIRD HIGHEST NUMBER OF VOTES. THE PARTY FILING THE PROTEST SHALL
BE DESIGNATED AS THE PROTESTANT, WHILE THE ADVERSE PARTY SHALL BE
KNOWN AS THE PROTESTEE.
 AN ELECTION PROTEST SHALL STATE:

• (1) THE DATE OF PROCLAMATION OF THE WINNER AND THE NUMBER OF VOTES
OBTAINED BY THE PARTIES PER PROCLAMATION;
(2) THE TOTAL NUMBER OF CONTESTED INDIVIDUAL AND CLUSTERED PRECINCTS PER
MUNICIPALITY OR CITY;
(3) THE INDIVIDUAL AND CLUSTERED PRECINCT NUMBERS AND LOCATION OF THE
CONTESTED PRECINCTS;
(4) THE SPECIFIC ACTS OR OMISSIONS COMPLAINED OF CONSTITUTING THE ELECTORAL
FRAUDS, ANOMALIES OR IRREGULARITIES IN THE CONTESTED PRECINCTS; AND
(5) A STATEMENT AS TO WHETHER OR NOT THERE IS A NEED FOR A REVISION OF
BALLOTS.
• NO JOINT ELECTION PROTEST SHALL BE ADMITTED, BUT THE TRIBUNAL, FOR
GOOD AND SUFFICIENT REASONS, MAY CONSOLIDATE INDIVIDUAL PROTESTS
AND HEAR AND DECIDE THEM JOINTLY. THUS, WHERE THERE ARE TWO OR
MORE PROTESTS INVOLVING THE SAME PROTESTEE AND COMMON PRINCIPAL
CAUSES OF ACTION, THE SUBSEQUENT PROTESTS MAY BE CONSOLIDATED
WITH THE EARLIER CASE TO AVOID UNNECESSARY COSTS OR DELAY. IN CASE
OF OBJECTION TO THE CONSOLIDATION, THE TRIBUNAL SHALL RESOLVE THE
SAME.
• THE PROTEST IS VERIFIED BY AN AFFIDAVIT THAT THE AFFIANT HAS READ IT
AND THAT THE ALLEGATIONS THEREIN ARE TRUE AND CORRECT BASED ON
AFFIANT'S PERSONAL KNOWLEDGE OR AUTHENTIC RECORDS. A VERIFICATION
BASED ON “INFORMATION AND BELIEF,” OR UPON “KNOWLEDGE, INFORMATION
AND BELIEF,” IS A DEFECTIVE VERIFICATION AND A GROUND FOR DISMISSAL.
THE PROTEST SHALL CONTAIN A SWORN CERTIFICATION THAT:
• (A) PROTESTANT HAS NOT THERETOFORE COMMENCED ANY ACTION OR FILED ANY
CLAIM INVOLVING THE SAME ISSUES IN ANY COURT, TRIBUNAL OR QUASI-JUDICIAL
AGENCY AND, TO THE BEST OF HIS OR HER KNOWLEDGE, NO SUCH OTHER ACTION
OR CLAIM IS PENDING THEREIN;

• (B) IF THERE IS SUCH OTHER PENDING ACTION OR CLAIM, A COMPLETE STATEMENT

OF THE PRESENT STATUS THEREOF; AND (C) IF PROTESTANT SHOULD THEREAFTER
LEARN THAT THE SAME OR SIMILAR ACTION OR CLAIM HAS BEEN FILED OR IS
PENDING, HE OR SHE SHALL REPORT THAT FACT WITHIN FIVE (5) DAYS THEREFROM
TO THE TRIBUNAL.
• THE RUNNING OF THE REGLEMENTARY PERIOD TO FILE THE PROTEST SHALL
NOT BE SUSPENDED IF THE ELECTION PROTEST IS UNVERIFIED,
UNACCOMPANIED BY A CERTIFICATION AGAINST FORUM SHOPPING, OR
CONTAINS AN INSUFFICIENT OR DEFECTIVE VERIFICATION OR DEFECTIVE
CERTIFICATION AGAINST FORUM SHOPPING.
THE END
KATHRINE M. TUNGPALAN
GROUP 5